MUNINDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. Chowdhury, learned Amicus Curiae for the appellant and Mr. B. S. Sinha, learned Additional P. P. for the State of Assam.

(2.) THIS appeal has been preferred from jail being aggrieved with the judgment and order of conviction dated 16. 1. 2006 passed by the learned Sessions Judge, Morigaon in Morigaon Sessions Case No. 42 of 2005. By this impugned judgment and order of conviction the appellant was convicted for one year rigorous imprisonment under Section 496, IPC with fine of Rs. 500/- in default of payment of fine rigorous imprisonment for one month and also convicted under Section 376, IPC and sentenced him to undergo 8 (eight) years rigorous imprisonment with fine of Rs. 1,000/- and in default to suffer another two months rigorous imprisonment.

(3.) THE brief facts as it appears from the records for the prosecution are that the prosecutrix, a Naga lady and one Morjina Begum took shelter in Jaluguti Agragami Mohila Samity, Na-bheti and while taking shelter thereat they had been to Morigaon in a line bus but they became traceless. Search was made but their whereabouts were not known. One Ms. Rausanara Begum being the Secretary of the Jaluguti Agragami Mohila Samity, Na-bheti having both the girls traceless lodged an FIR with the Morigaon Police Station for the recovery of the girls and taking appropriate action and accordingly the officer-in-charge, Morigaon Police Station registered a case and commenced investigation. During investigation both the girls were recovered. At the conclusion of the investigation a charge-sheet was laid against the appellant under Sections 366 and 376, IPC. Case was committed thereafter to the Court of Session for trial of the accused. Learned Sessions Judge having found sufficient materials framed charges under Sections 496 and 376, IPC and the accused pleaded not guilty. Prosecution examined six witnesses including two official witnesses. No defence evidence was adduced. Accused-appellant pleaded his innocence while examined under Section 313 of the Criminal Procedure Code. The learned trial Court at the conclusion of the trial found the appellant guilty under both the charges and accordingly rendered judgment and order of conviction as aforesaid.